Bill Text: IA SF2321 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to consumer data protection, and including effective date provisions.(Formerly SF 2272.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-14 - Committee report, approving bill. S.J. 296. [SF2321 Detail]

Download: Iowa-2023-SF2321-Introduced.html

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Senate File 2321 - Introduced
SENATE FILE 2321
BY COMMITTEE ON TECHNOLOGY
(SUCCESSOR TO SF 2272)
A BILL FOR
An Act relating to consumer data protection, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 715D.1, subsection 5, as enacted by
2023 Iowa Acts, chapter 17, section 1, is amended to read as
follows:
5. “Child” means any natural person younger than thirteen
eighteen years of age.
Sec. 2. Section 715D.1, as enacted by 2023 Iowa Acts,
chapter 17, section 1, is amended by adding the following new
subsections:
NEW SUBSECTION . 9A. “Decision that produces legal or
similarly significant effects concerning a consumer” means a
decision made by a controller that affects the ability of a
person to access any of the following:
a. Financial and lending services.
b. Housing.
c. Insurance.
d. Education.
e. Criminal justice services.
f. Employment opportunities.
g. Health care services.
h. Basic necessities, such as food and water.
NEW SUBSECTION . 12A. “Health data” means data that
pertains to the health status of an individual that discloses
information related to the past, current, or future physical or
mental health status of the individual.
NEW SUBSECTION . 21A. “Profiling” means any form of
automated processing performed on personal data to evaluate,
analyze, or predict specific factors related to the economic
status, health, personal preferences, interests, reliability,
behavior, location, or movements of an identified or
identifiable individual.
Sec. 3. Section 715D.1, subsection 14, as enacted by
2023 Iowa Acts, chapter 17, section 1, is amended to read as
follows:
14. “Health record” means any written, printed, or
electronically recorded material maintained by a health care
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provider in the course of providing health services to an
individual concerning the individual and the services provided,
including related health information and associated nonhealth
information, provided in confidence to a health care provider.
Sec. 4. Section 715D.1, subsection 26, as enacted by 2023
Iowa Acts, chapter 17, section 1, is amended by adding the
following new paragraph:
NEW PARAGRAPH . e. Health data.
Sec. 5. Section 715D.2, subsection 2, as enacted by 2023
Iowa Acts, chapter 17, section 2, is amended to read as
follows:
2. This Except as it relates to health data, this chapter
shall not apply to the state or any political subdivision of
the state; financial institutions, affiliates of financial
institutions, or data subject to Tit. V of the federal
Gramm-Leach-Bliley Act of 1999, l5 U.S.C. §6801 et seq.;
persons who are subject to and comply with regulations
promulgated pursuant to Tit. II, subtit. F, of the federal
Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, and Tit. XIII, subtit. D, of the federal
Health Information Technology for Economic and Clinical Health
Act of 2009, 42 U.S.C. §17921 - 17954; nonprofit organizations;
or institutions of higher education.
Sec. 6. Section 715D.2, subsection 3, as enacted by 2023
Iowa Acts, chapter 17, section 2, is amended by adding the
following new paragraph:
NEW PARAGRAPH . 0b. Information or data maintained by a
public health authority, as defined by HIPAA, provided the
public health authority has received the consumer’s consent
unless otherwise required by HIPAA.
Sec. 7. Section 715D.2, subsection 3, paragraph l, as
enacted by 2023 Iowa Acts, chapter 17, section 2, is amended
to read as follows:
l. Information used only for public health activities and
purposes Purposes as authorized by HIPAA . , provided that the
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information is all of the following:
(1) De-identified.
(2) Aggregated.
(3) Processed in batches of no less than one hundred
consumers.
Sec. 8. Section 715D.3, subsection 1, paragraph d, as
enacted by 2023 Iowa Acts, chapter 17, section 3, is amended
by striking the paragraph and inserting in lieu thereof the
following:
d. To be notified of, or to opt out of, profiling in
furtherance of a decision that produces legal or similarly
significant effects concerning a consumer. Notification to
the consumer pursuant to this paragraph shall be in plain
language and include the type of data subject to profiling,
any requirements for a person receiving the consumer’s data to
delete or return the data, and the process for a consumer to
file a complaint.
Sec. 9. EFFECTIVE DATE. This Act takes effect January 1,
2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to consumer data protection and amends
2023 Iowa Acts, chapter 17.
Under Code section 715D.1, as enacted by 2023 Iowa Acts,
chapter 17, section 1, “child” is defined as any natural person
younger than 13 years of age. Under the bill, “child” is
defined as any natural person younger than 18 years of age.
The bill expands the definition of “health record” to
include, in addition to any record containing related health
information, any record containing nonhealth information that
is related to health information provided in confidence to a
health care provider.
The bill expands the definition of “sensitive data” to
include health data. “Health data” is defined in the bill.
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Under the bill, except as it relates to health data, the
Code chapter shall not apply to the state or any political
subdivision of the state; financial institutions, affiliates
of financial institutions, or data subject to Tit. V of the
federal Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §6801 et
seq.; persons who are subject to and comply with regulations
promulgated pursuant to Tit. II, subtit. F, of the federal
Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, and Tit. XIII, subtit. D, of the federal
Health Information Technology for Economic and Clinical Health
Act of 2009, 42 U.S.C. §17921 – 17954; nonprofit organizations;
or institutions of higher education.
The bill exempts information or data maintained by a
public health authority, as defined by HIPAA, from the Code
chapter provided the public health authority has received the
consumer’s authorization, unless otherwise required by HIPAA.
The bill exempts information used only for public health
activities and purposes as authorized by HIPAA, provided that
the information is de-identified, aggregated, and processed in
batches of no less than 100 consumers from the Code chapter.
Under the bill, a consumer shall have the right to request
to be notified of, or to opt out of, profiling in furtherance
of a decision that produces legal or similarly significant
effects concerning a consumer. The bill defines “profiling”
as any form of automated processing performed on personal data
to evaluate, analyze, or predict specific factors related to
the economic status, health, personal preferences, interests,
reliability, behavior, location, or movements of an individual.
Notification to the consumer shall be in plain language and
include the type of data subject to profiling, any requirements
for a person receiving the consumer’s data to delete or return
the data, and the process for a consumer to file a complaint.
“Decision that produces legal or similarly significant effects
concerning a consumer” is defined in the bill.
The bill takes effect January 1, 2025.
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